Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment by one family or household member against another. Carries a mandatory 24-hour hold.
Category: Criminal Offenses · Statute: F.S. 741.28 · Source: Florida Legislature
Florida Statute 741.28"'Domestic violence' means any assault, aggravated assault, battery, aggravated battery, sexual assault... committed by one family or household member against another."
Mandatory 24-Hour Hold
Florida law requires a mandatory minimum 24-hour hold before a person arrested for domestic violence can be released on bail. This applies regardless of the bail amount.
Enhanced Penalties
- Mandatory batterers intervention program (BIP) — 29 weeks
- No-contact order as condition of bail
- Third domestic violence offense becomes a 3rd degree felony
Bail
After the 24-hour hold: $500–$5,000 (simple battery). Aggravated: $10,000–$50,000+. No-contact order is always a bail condition.